How to re-issue a red book when lost

I advertised my house for sale on social media and attached a photo of the red book. Then someone came to my house to inquire about buying it. While I was not paying attention, they took my real red book and gave me a fake one.

Soon after, they went to a notary office and forged my signature, saying that I authorized another person to sell the house on my behalf. From there, they sold my house to many other people. The buyers never came to see the house, they only looked at the red book.

I am still living in the house, I have reported it to the police. So I want to ask, is the notary who notarized the fake power of attorney contract and my house sale transaction responsible in this case? What procedures and documents do I need to do and where to request a reissue of the red book? What does the law say about my case?

Reader Pham Anh.

Consulting attorney

Lawyer Dang Thi Thuy Huyen (HPL Law Firm and Associates) advised that according to Clause 1, Article 2 of the Law on Notarization, notarization is the act of a notary of a notary organization certifying the authenticity and legality of a contract or other civil transaction in writing... which must be notarized according to regulations or which individuals or organizations voluntarily request notarization.

Cách làm lại sổ đỏ khi bị đánh mất- Ảnh 1. — Lawyer Dang Thi Thuy Huyen

In addition, according to Article 4 and Article 46 of the Notary Law, notaries must be responsible before the law and the person requesting notarization for notarized documents, ensuring the legality of notarized documents.

If the notary knows that the signature and documents of the person requesting notarization are forged but still notarizes or authenticates, depending on the nature, level, and consequences of the act, he/she may be fined from 10 to 15 million VND (Point g, Clause 4, Article 15, Decree 82 of 2020).

In case there are sufficient elements to constitute a crime, the notary may also be prosecuted for criminal liability for the crime of "fraudulent appropriation of property" under Article 174 of the Penal Code as an accomplice.

In case the notary does not detect that the person is fake or the documents are fake, he/she may still be jointly liable for compensation if damage arises (Article 38 of the Notary Law and Articles 584 and 600 of the Civil Code).

To reissue the red book, according to Article 77 of Decree 43/2014, you need to report the loss of the red book to the People's Committee of the commune where the land is located. The People's Committee of the commune is responsible for posting the notice of loss of the red book at the headquarters of the commune committee. After 30 days from the posting date, you submit a set of documents to request the reissuance of the red book.

Accordingly, the dossier includes: an application for reissuance of the red book according to Form No. 10/DK issued with Circular 24 of 2014 of the Ministry of Natural Resources and Environment and a certificate from the People's Committee of the commune level on the posting of the notice of loss of the red book (Clause 2, Article 10 of Circular 24).

Pursuant to Article 60 of Decree 43 of 2014, you can submit your application in one of the following two ways:

Method 1: Submit application to the People's Committee of the commune where the house and land are located if needed.

Method 2: In case of not submitting to the People's Committee at the commune level:

If the locality has organized a one-stop department to receive and return administrative procedure results, you submit your application at the one-stop department of the district-level People's Committee.
If the locality has not yet organized a one-stop department, you can submit directly at the district-level land registration office branch, or at the land use rights registration office for localities that do not have a land registration office branch.

After receiving the application, the land registration office is responsible for checking the application and completing the necessary procedures, then preparing a dossier to submit to the competent state agency to sign a decision to cancel the lost red book, and at the same time sign and reissue it to you.

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